At the beginning of 2022, the new coronavirus pneumonia epidemic has once again spread to multiple points across the country, and many companies have been greatly affected. Including educational institutions, merchants, chain brand stores, as well as Internet companies and real estate companies.
Especially in 2022, there will be almost a wave of layoffs among Internet companies and real estate companies. There are many companies that have no business and support so many people, so they can only cut salaries or lay off employees.
But if you think about it from another perspective, under the influence of the epidemic, it is not so easy to find a job, especially when the community is closed and the region is blocked. If you go out to find a job interview, you still face the risk of being infected.
Some companies lay off employees and provide sufficient compensation, which is understandable. Some companies maliciously lay off employees, or change their methods to force employees to resign on their own. Many people are concerned that if the company lays off employees at this time, will my rights and interests be infringed? How much should I be compensated?
Legal interpretation:
Compensation for employees dismissed during the epidemic
During the epidemic, employees who are dismissed illegally need to be compensated double economic compensation
1. Economic compensation:
According to the provisions of Article 46 of the " Labor Contract Law ", the employer shall comply with the above provisions. Article 36, Article 40, Article 41, and Article 87 If the labor relationship is terminated with the employee, economic compensation shall be paid to the employee. (This is economic compensation)
Article 47 of the "Labor Contract Law" stipulates: Economic compensation shall be paid to the laborer at the standard of one month's salary for every full year of work in the unit. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.
Examples of economic compensation standards:
has worked in the company for 5 years and needs to be compensated with 5 months of salary.
has worked in the company for 5 years and 7 months and needs to be compensated with 6 months of salary.
has worked in the company for 1 year and 2 months and needs to be compensated with 6 months of salary. Compensation for 1.5 months salary.
2. Compensation:
Article 87 of the Labor Contract Law: If the employer violates the provisions of this Law to terminate or terminate the labor contract, it shall pay twice the economic compensation standard stipulated in Article 47 of this Law to the employee. Pay compensation. If the unit dismisses an employee, it is an illegal termination of the labor contract, and the employer must pay compensation to the employee at twice the economic compensation standard. (Here is compensation)
It is paid to workers at the standard of two months’ wages for every full year based on the number of years they have worked in the unit. If the period is more than six months but less than one year, it shall be calculated as one year; if it is less than six months, one month's salary shall be paid to the worker as compensation.
htmlThe standard for monthly wages: the employee’s average salary for the twelve months before the labor contract is terminated or terminated.
compensation standard, for example:
worked for 5 months, the compensation is 1 month's salary;
worked for 7 months, the compensation is 2 months' salary;
worked for 1 year, the compensation is 2 months' salary;
After working for 1 year and 7 months, the compensation is 4 months’ salary; for
, after working for 5 years, the compensation is 10 months’ salary.
How can I be paid if I am unable to return to work on time due to the epidemic?
If the enterprise fails to return to work on time due to the epidemic infection, during the period of isolation and treatment or medical observation, or during the period when the government implements isolation measures or takes other emergency measures and is unable to provide normal labor, the enterprise shall pay the work remuneration during this period.
For employees who fail to provide normal labor for more than one salary payment cycle, the enterprise shall pay living allowances, and the living allowance standard shall not be less than 80% of the local minimum wage.
New coronavirus patients, suspected patients, and close contacts are unable to provide normal labor due to measures such as isolation treatment and isolation observation. The enterprise shall treat it as providing normal labor and pay employees normal working hours wages. After the isolation period is over, for patients who still need to stop working for treatment, the company should pay their sick leave wages in accordance with the relevant regulations on the medical period of the employee's illness.
If further negotiation fails and disagreements arise:
1. Arrange to be on standby and pay living allowance during the wait period.
2. If the labor contract cannot be performed due to force majeure at this time, wages should not be paid.
Special regulations during the epidemic:
According to the "Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations Issues During the Prevention and Control of the Pneumonia Epidemic of New Coronavirus Infection": Enterprises that have difficulty in production and operation due to the impact of the epidemic can contact us through Employees have reached consensus to stabilize their jobs by adjusting salaries, rotating work and holidays, shortening working hours, etc., and try to avoid layoffs or reduce layoffs as much as possible. Qualified enterprises can enjoy job stabilization subsidies in accordance with regulations.
If an enterprise suspends work and production within a wage payment cycle, the enterprise shall pay employees wages according to the standards stipulated in the labor contract.
For more than one wage payment cycle, if the employees provide normal labor, the wages paid by the enterprise to the employees shall not be lower than the local minimum wage standard.
If employees do not provide normal labor, the enterprise shall pay living expenses, and the living expenses standards shall be implemented in accordance with the methods stipulated by each province, autonomous region, and municipality directly under the Central Government.
can't be solved: Labor Inspection Brigade complaint or mayor's complaint hotline 12345, keep work certificate , including work badge, work traces, work records, work photos, salary payment bank statements, etc.
(According to: Hualv.com , Lutu.com, etc.)
